The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s Care Break Scheme. There is not enough evidence of fault to justify our involvement and the Council’s actions have not caused the complainant a significant injustice.
The complaint
Mrs X complained about the Council’s ‘Carer Break Scheme’. She said the Council had refused her request to buy children’s colouring books and pens through this scheme. Mrs X said she had requested these items as an activity to provide respite from her caring role. She said the Council’s decision, not to allow her to buy these books was discriminatory.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint about how the Council applied its Care Break Scheme for the following reasons.
In the Council’s complaint response, it said it would not buy Mrs X children’s colouring books as she was an adult carer. It explained if the Carer Break Fund was audited, this would appear as an irregularity. It said it would buy colouring books designed for older children. The Council has provided a clear reason for not buying younger children’s colouring books. There is not enough evidence of fault in how it made that decision to justify our involvement.
In addition, we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. I do not consider Mrs X has been caused a significant injustice by the Council’s decision not to purchase the colouring books she asked for.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement and the Council’s actions have not caused the complainant a significant injustice.
Investigator's decision on behalf of the Ombudsman